The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1887-12-20
THE LEGISLATIVE ASSEMBLY.
SPECIAL SESSION.
Thirty-seOOnd Day
MONDAY. Dec. u. lss7.

MONDAY, Dec. l., 1887.
House met at 10 O'Clock, the Presi-
dent, Hon. :. G. Wilder, in the Chair.
n Minutes of 3lst day read and APP
proved.
PETITIONS.
Rep. Kawainui presented two petit
lions from Hama, praying, a. that
twenty years separation between man
and wife shall constitute divorce, (2)
that a member of the Hui who has not
paid his dues forfeit membership, t3l
that government physicians be not al
lowed 10 charge fees, a. that school
teachers be not exempt from taxation,
o. that no laws against the sale of
opium or liquor be passed, (6) that ma
tive doctors be allowed to practise
medicine without license, (7) that Ha-
waiian women having ten children re-
ceive a present from the government,
~ that lepers be allowed To stay in
their districts with their friends, %
that an appropriation of $4,000 be
made for encouragement of agriculture
Noble Wilcox moved the petition be
laid on the table. Carried.
BILLS SIGNED.
Minister Brown announced the fol-
lowing acts signed by His Majesty:
J. To amend section is, chapter A.
laws OF 1852, as amended by chapter 3,
laws of 1856, relating to the regulation
Of The sale of spirituous liquors
y To provide for a commission to
4 i2ort on the feasibility of bringing
water into Hamakua
\ s.. To construe and declare the
gmeaning Of the terms "the king and
= the sovereign" in certain cases.
4 To repeal chapter 73, Session
Laws of 1856, relating to the importa-
tiou and sale of opium.
>. To amend section A, laws of 1885,
relating TO the division of taxation,
educational and judicial districts.
Is. To repeal the acts prohibiting
natives from leaving the islands
:. An act supplementary to the APP
preparation Bill.
Rep Kalaukoa asked il these acts
We're counJersigned by a Minister.
Minister Thurston said that was un-
derstood in the Cabinet 10 be the work
Of the Minister of Interior. He had
not had time, as yet TO sign them, but
ii would be attended to in due order.
REPORT OF COMMITTEE.
Noble Baldwin asked further time
Tor the committee on the Chinese I'M
migration bill. Granted.
RESOLUTION on THE VETO.
Noble Castle moved the following:
WHEREAS, 1t appears by the records
of the Legislature of the 9th of De-
fa..r r1,or laa
sage of His Majesty the King accom-
panying the bills and forming the Act
whereby the royal assent was refused
10 the bills entitled respectively, IAN
Act TO abolish the office of Governors
and "An Act TO provide for the dis
.harge of certain duties heretofore per-
slltmed by the Governors which said
ILLS have been duly passed by the
los riSlatuTe, is not countersigned by n
minister; and
WHEREAS, His AIajesty's Ministers
have stated TO the Legislature that
such message and the action based
thereon were made without the advice
and consent of the Cabinet; and
/ WHEREAS, It is a fund2mental prin-
lciple of the Consultation, and of the
system of government based thereon,
that the sovereign shall act in matters
of state only through responsible Min
listers, Therefore be it
RCsgiTCd That il l. the sense of the
Legislature that the Royal Assent has
not been refused to the bills entitled
respectively AN Act TO Abolish the
office OF Governor and An Act to
Provide for the Discharge Of Certain
Duties Hitherto Performed by the
.
and meaning OF the Constitution, and
that said message and the action there
on based l. Of no effect, and be 1T
further
ResoIUed. That said bills, with the
Message accompanying them, shall be
J6nd are hereby through the Cabinet
forthwith referred back to His Majesty
for such further or final action as may
De necessary, and be il further
RCSOlred, That a committee of thir-
teen members of this Assembly be APP
pointed to wait upon His Majesty
with the Cabinet, and inform Him re-
spectfully of the action of the Legisla-
ture in the premises.
The resolution was seconded by
Noble Waterhouse.
Noble Baldwin moved the resolution
be adopted Seconded by Noble Dole.
Rep. Nakaleka moved indefinite
pGStponement.
Noble Castle said: The issue presented is
very grave and must be decided only after
Useful and exhaustive discussion and exam
IfatSou. 1t calls for construction by the
- lature Of the true intent and meaning
AAF3he Constitution. 1t Is to be regretted
Nat so many important matters have been
brought forward at this session, when the
Constitution Is young. the Legislature mex
perienced and the government hardly In full
grasp Of the reins of coutrol under the new
order OF things. But have it as We would,
the issue has arisen and must be decided.
The question Is placed before Us, and we
must indicate what, in our opinion, are the
limitations upon the power of the King
What are the limitations upon the Iegisla-
tive pOwerG Whose Is the Legislative power
Of the Kingdom The honorable member
for Molokai. Mr.. Nakaleks, resents this as a
thrust Al the King. he says that We cannot
compel the King to do or not 10 do any thing.
The honorable member must be reminded
that IN this matter the Legislature is not the
inferior of the King. 1t stands as his equal,
"A may express its opinion asto the legality